Dear All,
'A' had three sons 'x', 'y' and 'z' and his brother 'B' had no son. In maharastriyan family, "Janeu" sanskar take place on the lap of father, however, in the instant case since 'B' had no son, therefore 'Janenu sanskar' of 'z' (son of 'A') took place on the lape of his uncle 'B' and thereafter he started using his uncle's 'B's' name as his father's name. Thought there was no legal adoption by 'B' of 'z' as his son.
'B' was living with 'A' and he had no estate or property and died prior to death of 'A'. 'A' died leaving behind some immovable property and a residential house in which entre family "A", "B" and "x", "y" and "z" were living.
Now, the brothers of "z" have refused to give any share to "z" in the property of "A" on the ground that he is not son of "A" as he is using fathers name of "B". He has been thrown out from the fathers "A's" house.
Kindly, advise me whether "Z" has any legal right in the property of "A" who is his biological father. Whether use of name of "B" as father by "Z" would deprive him from his share in the property "A". Kindly let me know if some judgements are available on the subject.
Manoj Munshi, Advocate
